Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.

Please could I also remind members to put on their microphones before speaking.”

The Chairman reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

In the absence of the vice-chairman, Councillor M Sartin was appointed vice-chairman for the duration of the meeting.

(Director of Governance). To report the appointment of any substitute members for the meeting.

It was reported that Councillor T Boyce was substituting for Councillor G Mohindra; Councillor K Chana was substituting for Councillor N Avey; Councillor L Hughes was substituting for Councillor P Keska; and Councillor J Lea was substituting for Councillor T Church.

Decisions required:

To confirm the minutes of the meetings of the Committee held on 05 January 2016.

RESOLVED:

That the minutes of the last Committee meeting, held on 05 January 2016 be signed by the Chairman as a correct record.

(Director of Governance) To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview and Scrutiny Committee members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an Overview and Scrutiny Committee which relates to a decision of or action by another Committee or Sub-Committee of the Council, a Joint Committee, or Joint Sub-Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an overview and scrutiny meeting purely for the purpose of answering questions or providing information on such a matter.

There were no declarations of interest made pursuant to the Member’s Code of Conduct.

With the agreement of the Committee the order of the agenda was altered to take  items 8 (Basildon Borough Local Plan Consultation) and 7 (Key Objectives, Key Action Plan 2015/16) before the presentation from Barts Health NHS.

(Director of Neighbourhoods) to consider the attached report.

The Forward Planning Projects Officer, Ian White, introduced the report on the Basildon Borough Council local plan consultation. The current Development Plan for Basildon Borough consists of the Saved Policies from the Basildon District Plan (1998) and the Essex and Southend-on-Sea Waste Local Plan (2001), and the recently adopted Essex Minerals Local Plan (2014). The new Local Plan will replace the 1998 policies, setting out an overall development framework for the period up to 2034.

The Committee noted that the key issue in the consultation for Epping Forest District Council was provision of new accommodation for Gypsies and Travellers. Basildon’s 2013 Gypsy and Traveller Accommodation Assessment (GTAA) identified a need for an additional 104 pitches to meet the needs of the authorised, temporary and tolerated sites, and a further 136 pitches to meet the needs of those members of the travelling community who were established on the unauthorised Dale Farm site.

The Borough Council was of the view that suitable and deliverable sites with the capacity for between 98 and 109 pitches could be identified, meeting the needs of the authorised, temporary and tolerated sites. The consultation document concluded that the Borough could not make provision for the need arising from the former Dale Farm community, and that this need will therefore need to be met through the Duty to Co-operate.

In response to an earlier consultation (Basildon Borough Local Plan Core Strategy Revised Preferred Options Report) this Council sent an officer level response in March 2014 (agreed with the Planning Policy Portfolio Holder) which included the following comments: “I am sure that every other Essex authority would accept that Basildon has a particularly tricky and difficult problem with making adequate provision for future traveller needs. However …. a joint GTAA is currently being prepared for the rest of Essex and, while it is far from complete, the message that is coming through is that this district is likely to need to more than double the already quite high provision in the period up to 2033 – and this is a district which is currently 92% Green Belt. …… There are also hints that revised guidance is to be published shortly for consultation, and that this is likely to tighten Green Belt constraints as far as traveller pitch provision is concerned. ….. From this perspective it would appear to be virtually impossible for this Council to make any meaningful contribution to the predicted shortfall in Basildon provision.”

The Essex GTAA was published in July 2014 and adopted as part of the Local Plan Evidence Base at the Cabinet meeting on 8^th September 2014. This concluded that Epping Forest District needed to provide 112 new pitches by 2033. As of December 2015 there were 123 authorised permanent pitches in the district.

The new government guidance, Planning Policy for Traveller Sites (August 2015) also changed the definition, for planning purposes, of travellers, excluding those who no longer follow a nomadic way of life. This will necessitate an update to  ...  view the full minutes text for item 51.

(Director of Governance) To consider the attached report.

The Committee received a received a report from the Deputy Chief Executive regarding the quarter 3 performance figures of the Key Objectives Key Action Plan for 2015/16. The Corporate Plan was the Council’s key strategic planning document, setting out its priorities over the five-year period from 2015/16 to 2019/20. The priorities or Corporate Aims are supported by Key Objectives, which provide a clear statement of the Council’s overall intentions for these five years.

At the end of Quarter 3 it was noted that:

a.    49 (89%) of the individual actions have been achieved or were on target to be achieved by the target date or a revised target date by the end of the year;

b.    5 (9%) of the individual actions were behind schedule and may not be completed by the end of the year;

c.    1 (2%) of the individual actions were currently on hold as a result of external circumstances.

Councillor S Kane asked if any of the orange or red indicators would have their targets changed. Mr Macnab said that they were reviewed regularly at the end of the year and they could change the targets for the next year.

RESOLVED:

That the Committee reviewed and noted the progress achieved at the end of Quarter 3 against the Key Objectives Key Action Plan for 2015/16.

To receive a presentation from the Barts Health NHS Trust, updating the Committee on their improvement plan and reporting back on matters raised at their previous visit to this Committee (9^th June 2015).

We hope to have Fiona Smith (Managing Director for Whipps Cross Hospital), together with Dr Heather Noble (Medical Director) and Felicia Kwaku (Interim Director of Nursing).

The Chairman welcomed officers from Barts Health NHS Trust who were there to update the Committee on their improvement plan from their last visit to this meeting in June 2015. In attendance was Fiona Smith, the Managing Director for Whipps Cross Hospital, with Dr Heather Noble, the Medical Director and Felicia Kwaku, the interim Director of Nursing.

Ms Smith noted that she was here to update the Committee on the measures undertaken since Barts NHS had been put into special measures  and Whipps Cross Hospital had received four warning notices issued by the Care Quality Commission (CQC). They had now finalised their improvement plan called ‘Safe and Compassionate’, with each site having the same headings for their improvement plans. The improvement was being delivered through seven key work streams with both a corporate and site based focus and key government structures (a copy of their presentation is attached to these minutes).

The trust had put in place “safety huddles” for each hospital every day, to discuss any safety or quality issues that would affect their patients. They also reviewed performance on a ward by ward basis against key quality and safety metrics that allowed them to track the measures in place.  They also held monthly learning reviews looking at learning and sharing of improvement actions.

The CQC had noted their notices on ‘do not resuscitate’, they had now extended their training on this, the Mental Capacity Act and on Safeguarding. They had also introduced a Trust wide campaign to reduce hospital acquired pressure ulcers.  They now had 6 wards that had no pressure ulcers for 100 days. They had also trained up 40 ‘safety companions’ on safety issues.

They had made progress in freeing up ward managers to manage ward fundamentals; nursing documentation had been had been streamlined; had started a ‘smile and care’ campaign and patient engagement workshops; put in a revised complaints process with a requirement to be much more responsive; and visitors and patients were able to identify the nurse in charge via a badge.

They had also ensured that there were appropriate care plans for those patients nearing the end of their life. Also the Margaret Centre had now been refurbished, making it a more safe and comfortable environment for patients and families.

They were also tackling the number of vacancies and engaging more with staff. They had reviewed safe staffing levels and increased funded nursing establishment by 532 posts (150 posts being at Whipps Cross). Their current fill rate was up to 82% and they wished to take it up to at least 90%. They were travelling around the county to recruit staff, especially where there were university schools; and had improved the temporary staff induction process.

They were now putting in place measures to ensure that patients got care and treatment in a timely way, using a whole hospital approach, not just changing certain departments. They were also recruiting new consultants and improving the flow through outpatients departments.

Whipps cross Hospital now had an  ...  view the full minutes text for item 53.

(Director of Communities) To consider the attached report updating members on the recommendations made and agreed in December 2015 by the Cabinet.

The Leisure and Community Portfolio Holder, Councillor Helen Kane introduced the report updating the outcomes of the Youth Engagement Task and Finish Panel. Their recommendations were presented to the Cabinet at their December 2015 meeting. The following recommendations (1 to 5) were agreed by the Cabinet but 6 and 7 were not. The five agreed recommendations were:

i)             That the Council retains and continues to support and develop the Youth Council in terms of wider youth engagement;

ii)            That the Youth Council be afforded the opportunity to present a report/update twice a year to all Members of Council through a suitable meeting;

iii)           That the Youth Council acts as a consultee for stakeholder presentations at Overview and Scrutiny Committees; 

iv)           That the current operational budget for the Youth Council be maintained at £12,000 per annum; and

v)            That Cabinet considers a request for Continuing Services Budget (CSB) Growth of £8,000 per annum, for an enabling fund that the Youth Council can access for projects to be agreed by the Neighbourhoods & Communities Select Committee.

The two recommendations (6 and 7) not agreed were:

vi)           That the Council pursues the devolvement of the budget and responsibilities for Youth Provision from Essex County Council to the District Council; and,

vii)          That Cabinet considers a request for Continuing Services Budget (CSB) Growth of £25,000 per annum, for targeted work by Community Services and Safety and not at the detriment of the current service.

The recommendations from the review were considered by the Finance and Performance Management Cabinet on 21^st January and agreed for presentation to Full Council for a final decision.

Councillor Neville thanked Councillor Kane for all her hard work and also the Youth Council. He also thanked the Cabinet for their support but wondered why recommendation 6 was denied. Councillor Surtees noted that the County Council  had completely abdicated their responsibilities to the youth of the county by the way it has revised, reduced and retargeted its Youth Services. Some one had to fill that gap; although he was not saying it should be this council without the resources.  We needed to be very careful on the stress we put on young people. There was a need for something to happen and the views of the Task and Finish Panel had to be taken seriously.

RESOLVED:

That the update on the outcomes of the Youth Engagement Review Task and Finish Panel undertaken last year be noted.

(Director of Neighbourhoods) To consider the attached report.

The Director of Neighbourhoods introduced his report summing up the recent review of the Waste and Recycling Collection arrangements and their initial service failures.  The Council’s Environment Portfolio Holder believed that it was very important to establish the reasons behind this service failure, not only to help in rectifying any ongoing problems and achieving an acceptable level of future service, but also to help in identifying any lessons for the Council, with respect to the letting of other major service contracts.

To this end, the Environment Portfolio Holder formally requested that the Overview and Scrutiny Committee undertake a review on his behalf, the outcomes to be formally reported back to Cabinet.  Overview and Scrutiny Committee subsequently agreed the request and determined that the Neighbourhoods and Communities Select Committee was best placed to undertake the review, by virtue of their Terms of Reference.

Given the likely level of both Member and Public interest, particularly with respect to the introduction of the revised 4-day collection arrangements, it was agreed that an additional meeting of the Select Committee would be dedicated to this single subject.  Given the Work Programme of the Committee, the availability of external contributors to the review and to allow a period of time for the contract to fully stabilise, a date of the 17 December 2015 was set.

It was agreed that that the review would be undertaken in 4 parts, covering the following issues:

1)    Procurement Process;

2)    Mobilisation and first 6 months of Contract; and

3)    Revised arrangements from the 12 May 2015.

Part 4 of the review was to reach a set of conclusions around what could have been done better and to recommend any key considerations with respect to how the Council could improve procurement and implementation of any future major service contracts.

Officers had reviewed the notes of the meeting and had identified some key points to be forwarded onto the Cabinet. These were:

Part One - Procurement:

·                Competitive Dialogue proved to be an effective means of procuring the new Waste Contract, from both the Client and Contractors perspective.

·                Although the Members interview only scored 10% of the quality scores, and on this occasion did not materially affect the final award, it is considered that Member Interviews are still beneficial for future service contracts.

·                The role that cross-party Portfolio Holder Advisory Groups play in shaping service contracts was recognised as a positive.

·                With contracts which involve major service changes, the costs to the Council should not be underestimated in terms of advising residents etc.  The £50,000 on the Waste Contract was in hindsight, too small.

Part Two – Mobilisation and First Six Months:

·                Overall the Waste and Recycling Contract mobilisation went well, with service quality maintained over the period November 2014 to May 2015.

·                Although TUPE Arrangements were satisfactorily completed for staff transferring from SITA to BIFFA, there were some concerns highlighted regarding communication with staff despite Biffa’s best endeavours.

·                The innovation forum established between client officers and contractor, proved useful in addressing service  ...  view the full minutes text for item 55.

(Director of Neighbourhoods) To consider the attached report.

The Director of Neighbourhoods introduced a report on the recent Essex Fire Authority consultation. The consultation document proposed three options for organisational changes to the Essex County Fire and Rescue Services against a background of changing risk, reduced funding and a greater emphasis on partnership working. This report was in support of their option 3.

In essence, the Essex Fire Authority strategy was to restructure response arrangements (in line with reduced risk) to make savings and generate £3m extra annual funding to support prevention and protection activities.

For Epping Forest District this meant that:

Fire Stations

·         In each of the three options, Loughton Fire Station remained a whole-time crewed station but the number of appliances was reduced from two to one.

• Again, in each of the three options, the station at Waltham Abbey would convert from a day crewed arrangement to an on call arrangement.

Response Times

• Evidence provided in the consultation document shows that for all three options, the impact of these changes on response times would be minimal.

Impact on Council Tax

• Options 1 and 2 require increases in Council Tax of 0.8% and 2% respectively in order to achieve the savings and the prevention and protection budget.
• Option 3 could achieve the savings and the protection and prevention fund goals with no increase in Council Tax.

Greater Partnership Opportunities

• The Council already works closely with the Fire Service particularly in the areas of Community Safety and Contingency Planning. The establishment of a protection and prevention fund as well as the potential for Fire Service staff to take a greater role in prevention activities could provide opportunities for wider ranging collaborative work.

On consideration of the report the Committee agreed with the officer’s recommendation that option 3 should be supported.

RESOLVED:

(1)  That officers should respond to the Essex Fire Authority consultation supporting Option 3; and

(2)  That officers should explore innovative collaborative opportunities to improve Community Safety.

(a)          To consider the updated work programme

The current Overview and Scrutiny work programme is attached for information.

(b)          Reserve Programme

A reserve list of scrutiny topics is required to ensure that the work flow of OSC is continuous.

OSC will ‘pull out’ items from the list and allocate them accordingly once space becomes available in the work programme following the completion of existing reviews.

Members can put forward any further suggestions for inclusion in the reserve list either during the meeting or at a later date.

Existing review items will be dealt with first, then time will be allocated to the items contained in the reserve work plan.

(a)          Work Programmes

Overview and Scrutiny Committee

The committee considered their work programme and noted the current progress and that the programme was mostly complete. The committee noted that items 12 (Progress on 6^th Form Consortium) and 15 (Management of Epping Forest College would be considered in the new municipal year.

Select Committees:

Housing Select Committee

The committee noted that there was nothing to report.

Governance Select Committee

The committee noted that there was nothing to report.

Neighbourhood & Communities Select Committee

The Chairman update the Committee on the extensive topics covered at their last meeting in January 2016. She pointed the Committee to the full and detailed minutes of that meeting that were available on line.

Resources Select Committee

The committee noted that there was nothing to report.

Task and Finish Panels:

Grant Aid Task and Finish Panel

The final report from this Panel should be going to the April O&S Committee.

(b)          Reserve Programme

The Democratic Services Manager reminded the meeting that a report reviewing the Select Committee structure would be going to their next meeting. Members should put their views to him as soon as possible to have them reflected in the report.

To review the Key Decision List (Cabinet Forward Plan) on a meeting by meeting basis.

The Committee noted the Cabinet’s Key Decision List for January 2016. They had no specific items that they wished to consider.